Equinet - European network of equality bodies

Request from the Ombudsman Office of the Republic of Latvia - verification procedure about the rights for people with disabilities

April 13th 2015

The Ombudsman’s Office of the Republic of Latvia has initiated a verification procedure about the rights for people with disabilities (vision, hearing, speech and intellectual disability) to enjoy the legal capacity under the Notaries law and procedural laws (Article 5, 12, 13 UN Convention on the Rights of Persons with Disabilities).

Thus, the Ombudsman’s Office would be grateful to receive information about good practice, norms and experience of your country for people with disabilities and their rights to use their legal capacity.

Current situation in Latvia:[1] Article 86 of Notaries law:
86. The following may not act as witnesses to a notarial deed:
1) illiterates, minors and those who are unable to correctly and completely comprehend and certify the deed due to physical or mental deficiencies, namely those with mental impairments, hearing impairments, the speech disorder and the vision impairments;
[…]

[2] Article 94 of Notaries law:
94. In making deeds in which the person with hearing disability, person with speech disorder or the person with vision disability participate, the presence of at least two witnesses shall be required.

[3] People with disabilities cannot be witnesses also in civil proceedings and administrative proceedings.
Civil Procedure Law (Article 106), Administrative Procedure Law (Article 163):
The following persons may not be summonsed and examined as witnesses:
[…]
4) persons whose physical or mental deficiencies render them incapable of correctly perceiving circumstances of significance to the matter; and
[…]

According to above mentioned the Ombudsman’s Office of the Republic of Latvia would be grateful to receive information about your country and answers to questions attached.

The Ombudsman Office of the Republic of Latvia would be grateful to receive the information till April 28, 2015. Please send information to anete.ilves@tiesibsargs.lv.

The Ombudsman Office of the Republic of Latvia thank you in advance for your kind cooperation.

Question on CJEU C-81/12 Accept

October 3rd 2012

Equinet received the following question from our Romanian member:
Could you tell me, please, if you have special provisions in the national legislation regarding the term to apply a fine, when you ascertain a case of discrimination, and, if so, which is that and since when you start calculating it? My question is for those of you who have the competence of sanctioning discrimination deeds.
Thanks,
Madalina Rosu
NCCD
Romania
Please contact her directly at rosu@cncd.org.ro but you are also very welcome to share your knowledge with others in the forum.